Blog
Obama Administration Violates Judicial Independence in Dakota Pipeline Case
Last week, I lambasted the Obama administration for effectively overturning an Article III court decision regarding the Dakota Access Pipeline. Below is a summary of…
The Denver Post
Like Obama, Hickenlooper using heavy-handed tactics on climate policy
On climate change, is Gov. John Hickenlooper ripping a page directly from President Obama’s authoritarian playbook? Obama dodged global warming during his reelection campaign, only…
Blog
Obama’s Worst Power Grab Yet
The $3.7 billion Dakota Access Pipeline is a partially completed project that would move almost 500,000 barrels of oil daily from the Bakken oil fields in…
Study
Empirical Answers to Outstanding Questions in the Ongoing Debate Over Auer
This study was originally posted at the Yale Journal of Regulations. View it here. View the study at the…
Blog
Everything You Should Know about ‘Auer Deference,’ the Most Pressing Issue in Administrative Law
Among the most controversial topics in administrative law is the propriety of Article III courts giving binding deference to agency interpretations of their own regulations.
Blog
Clean Power Plan Litigation: A Giant Ball of Uncertainties
Prognosticating judicial outcomes is a foolish endeavor in general, but trying to predict the fate of the Clean Power Plan in Article III courts is…